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Article • May 15, 2007
Supreme Court Issues Use Of Force Standard In Riot Cases by The U.S. Supreme Court held that the shooting of an Oregon prisoner by prison officials during a security action did not violate his Fight Amendment rights. The prisoner filed suit under 42 U.S.C. Section 1983 alleging that he was …
Article • May 15, 2007
Filed under: Organizing, Protests
Anti-Picketing Ordinance Unconstitutional; Anti-Noise Ordinance Not Vague or Overbroad by The United States Supreme Court held an Illinois Anti-Picketing law was unconstitutional, but an Anti-Noise law was not. A group of protesters were picketing outside the West Senior High School in Rockford; they were carrying signs that summarized their grievances: …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Filed under: Organizing, Protests
Misdemeanor Conviction for Protesting on Jail Property Constitutional by The United States Supreme Court has held that a conviction for trespass on jail property does not violate demonstrators' constitutional rights to free speech and assembly. Harriett Louise Adderley and 31 students of the Florida A & M University in Tallahassee, …
Article • May 15, 2007
Filed under: Organizing, Voting
Paying Taxes Not Entitlement to Vote by In an unpublished opinion, the Ninth Circuit Court of Appeals has affirmed the dismissal of a 42 U.S.C. §1983 action filed by a California State prisoner as frivolous. The suit sought the Registrar of Voters to permit registration to vote or return of …
Article • May 15, 2007
Filed under: Prison Labor, Organizing
Prisoners Union Cannot Hold Meetings at a State Prison by The California Supreme Court held that pursuant to California Penal Code §2600 (CPC), prisoner's union meetings held inside the prison with "outside" members and representatives present a security risk. Thus, Prison Official's refusal to allow such meetings is justified. The …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Article • May 15, 2007
Supreme Court Restricts RICO Act's Application Against Protestors by The United States Supreme Court, in a decision with potentially far- reaching consequences for protestors, held that abortion services providers cannot use the Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. §§1962(a), (c), and (d), the Hobbs' Act, 18 U.S.C. …
Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Article • May 15, 2007
Filed under: Organizing, Voting
Disenfranchisement of Felons Constitutional; Claim Frivolous by The U.S. Tenth Circuit Court of Appeals held that disenfranchisement of Wyoming's convicted felons does not violate the Constitution, that the dismissal provisions of the Prison Litigation Reform Act (PLRA) do not violate due process, and that prisoners can be assessed a "strike" …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
Filed under: Organizing
CA Supreme Court Upholds Ban On Prisoner Union Meetings by A prisoners union in California filed a writ of habeas corpus, challenging the decision of the director of corrections to deny the union from holding meetings at a California state prison due to the security risks involved. The writ was …
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